SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: 1994/13
DATE: 2014/06/26

RE: SEAN COLIN PALMER, Applicant

AND:

JACLYN PAULINE BELL, Respondent

BEFORE: The Honourable Justice D.A. Broad

COUNSEL:
L. Mazza, for the Applicant
M. Vamos, for the Respondent

COSTS ENDORSEMENT

[1] The parties have now delivered their written submissions on costs as directed in my endorsement of May 14, 2014. The following is my disposition with respect to the costs of the motion.

[2] The applicant submits that he was entirely successful on all of the issues addressed at the motion and seeks substantial or full indemnity costs of $4,831.18, which includes a fee component of $4,099.00.

[3] The respondent submits that substantial indemnity costs are not warranted, in light of the positions taken by the parties in respect of the outstanding issues.

[4] The respondent also submits that the experience level of applicant's counsel increased the amount of time spent on the motion, suggesting that the number of hours spent on preparation in meetings with her client are excessive. She submits that the hourly rate claimed for a junior law clerk is excessive, however does not dispute the applicant's counsel's hourly rate.

[5] In my view it is difficult for counsel to argue that the amount of time spent by opposing counsel is excessive without providing his or her own Bill of Costs or Costs Outline for comparison purposes. In the absence of any guidance respecting what the respondent's reasonable expectations might have been, should she be ordered to pay costs, which might have been discerned from her own Bill of Costs or Costs Outline, I am unable to find that the amount of time spent by the applicant's counsel is excessive. Moreover, any suggestion that the amount of time spent by the applicant’s counsel was excessive, due to her relative inexperience, is balanced by her relatively low hourly rate. The fact that senior counsel are allowed higher rates in fixing costs is reflective of the assumption (perhaps not always justified) that they should be able to spend less time than junior counsel on the same tasks.

[6] Given that a number of issues were settled without being required to be argued, as reflected in the signed Minutes of Settlement, I am of the view that an award of substantial indemnity costs on this motion is not warranted.

[7] It is therefore ordered that the respondent pay to the applicant costs of the motion fixed on a partial indemnity basis in the sum of $3,000.00, inclusive of fees, disbursement and HST. This amount is to be paid within 30 days of the date hereof.

D.A. Broad, J.

Date: June 26, 2014